A Study On The Nature Of Assisted Withdrawal Behavior In Telecommunication Fraud

In recent years,with the rapid development of information network technology,the crime of telecom fraud is one of the negative impacts on people's life.This kind of crime has seriously violated our country's market economic order and the citizen's legitimate rights and interests,and in recent years,the telecommunication fraud has gradually evolved into a professional,collectivized and procedural crime pattern,and the division of crime is extremely clear,as a part of the crime,the act of helping to withdraw money plays an important role in the crime of telecom fraud.However,there are different opinions and disputes on the definition of the nature of the act of helping to withdraw money.Starting from the cases,this paper concludes that the main focus of the differences is the crime of helping to withdraw money,which is to cover up,conceal the proceeds of crime or crime of fraud.In the process of analysis and argumentation,firstly,the act of helping to withdraw money is classified according to the subjective and objective aspects of helping to withdraw money;Secondly,it analyzes the key elements of the crime of helping to withdraw money: judging from all aspects of evidence that the borrower knows the crime of telecom fraud subjectively;The victim is deemed to have accomplished the act of wire fraud when he or she transfers the money defrauded into a bank account designated by the criminal of wire fraud,or the act of helping after the fact.Finally,it analyzes the conditions of establishing the crime of fraud and the crime of concealing and concealing the proceeds of crime: If there is a common intention of fraud on the part of the person helping to withdraw money,and the person is involved in the crime of fraud beforehand or in the course of the event,then,the act of helping to withdraw money constitutes a joint crime of fraud;if there is no help to the drawer who knows subjectively that it is the proceeds of the crime of telecom fraud or who,though he knows it,has no prior collusion with the telecom fraudsters,and in the telecommunications fraud after the end of the act involved in the crime of fraud,then set up to cover up,conceal the proceeds of crime.